Carolyn Gregory, Plaintiff and Appellant v. Lorraine Cott, Defendants and Respondents

Summary

The court held that a professional home health caregiver assumes the risk of injuries caused by an Alzheimer’s patient’s disease-related violent conduct, so the patient and family members owe no duty to protect the caregiver from that inherent risk. The rule applies equally in private homes and institutions and bars negligence, premises-liability, and battery claims when the injury arises from the patient’s symptomatic behavior. The court affirmed summary judgment, while preserving claims based on undisclosed risks, increased risks, or conditions unrelated to the disease.